THIS LEASE made in duplicate this _____ day of __________________, 2_____.
B E T W E E N:
(hereinafter called the "Landlord")
OF THE FIRST PART,
- and -
(hereinafter called the "Tenant")
OF THE SECOND PART.
1.01 The Tenant has agreed to lease from the Landlord the Leased Premises (as herein
1.02 The Landlord has agreed to lease to the Tenant the Leased Premises (as herein
NOW THEREFORE IN CONSIDERATION OF the reciprocal covenants herein
contained the Parties agree as follows:
2.01 The Landlord is the owner of the lands and premises as described on Schedule
"A" annexed hereto, known municipally as _____________________________, (hereinafter
called the "Leased Premises"), on which a commercial building (hereinafter called the
"Building") is erected;
3.01 In consideration of the rents, covenants and agreements hereinafter reserved and
contained on the part of the Tenant to be paid, observed and performed the Landlord does hereby
lease unto the Tenant, who hereby accepts the Lease of the same, the Leased Premises.
4.01 To hold for and during the term of ___________ (___) year(s) (hereinafter called
the "Term") to be computed from the _____ day of _________________, 2_____, (hereinafter
called "the Commencement Date") and thenceforth next ensuing and fully to be completed on the
______day of ________________, 2_____, subject to the conditions herein set forth and
payment of rentals hereinafter covenanted to be paid by the Tenant.
5.01 The Tenant shall not have the right to renew this Lease except upon the further written
agreement of the parties hereto.
6.00 USE OF PREMISES
6.01 The Leased Premises are leased to the Tenant for use and occupation only as
__________________________ and for no other purpose. The Landlord covenants that to the
best of their knowledge, there are no lawful restrictions that prohibit the Tenant's use as
7.01 The Tenant covenants and agrees to pay to the Landlord a fixed annual minimum
rent for the Leased Premises for each and every year during the term hereof in the amount of
_____________________ ($_________) Dollars of lawful money of _________________
(hereinafter called the "Annual Rent") payable each year in advance in twelve equal consecutive
monthly instalments of ________________ ($_________) Dollars, payable on the ______ day
of each and every month during the Term of the Lease.
8.01 The Tenant shall make all payments from time to time due hereunder without set
off, compensation or deduction whatsoever promptly to the Landlord at
____________________________ or at such other place as the Landlord may designate from
time to time.
8.02 In the event the Tenant fails to pay the monthly instalments of the Annual Rent
strictly on the due date the Landlord may, without prejudice to the Landlord's rights, require the
Tenant to furnish the Landlord with a series of post-dated cheques covering the next twelve
monthly instalments or such number of instalments as remain in the term, payable on the due
dates of such instalments, and the Tenant shall forthwith deliver such cheques to the Landlord.
9.00 ADDITIONAL RENT
9.01 The Tenant shall pay or pay to the Landlord as the case may be as Additional
Rent and as may be further enumerated in Article 11.00 herein as the case may be of all expense
charges chargeable to the Tenant under a completely carefree net Lease to the Landlord
including, without limiting the generality of the foregoing, the cost of all:
(a) heating costs, ventilation and air conditioning expenses including, without
limitation, maintenance and repair of the machinery and equipment providing
(b) public and private utilities including, without limitation, water, gas, electric power
or energy to the Leased Premises;
(c) fire, all risk and liability insurance;
(d) snow, garbage, trash removal and grounds maintenance including, without
limitation landscaping costs;
(e) cleaning costs, building maintenance and repair costs;
(f) all realty taxes, assessments, rates, charges and duties including without
limitation, local improvement charges, upon invoice from the Landlord;
(g) all administrative, audit and legal costs and expenses incurred by the Landlord in
the collection of any of the rents or other amounts due or payable hereunder; and
(h) management and administrative charges in connection with the maintenance and
upkeep of the Building.
9.02 The Tenant shall pay all amounts of additional rent in equal monthly instalments,
based upon the Landlord's reasonable estimate of such additional rent for the year, subject to
adjustment at year end.
9.03 Any additional payments contemplated by this Lease shall be deemed to be and
be treated as rent and payable and recoverable as rent, but in the manner herein provided, and the
Landlord shall have all rights against the Tenant for default in any such payment as in the case of
arrears of rent.
10.00 CONDITION OF PREMISES
10.01 The Tenant shall be deemed to have examined the Leased Premises prior to taking
possession and such taking of possession shall be conclusive evidence as against the Tenant that
at the time thereof the Leased Premises were in good order and satisfactory condition. The
Tenant acknowledges and agrees that there is no promise, representation or undertaking by or
binding upon the Landlord with respect to any alteration, remodelling, decoration, or the
installation of equipment or fixtures in or on the Leased Premises.
11.00 TENANT'S COVENANTS
To pay rent.
11.02 Additional Rent
To pay as additional rent the items set out in paragraph 9.01 and as enumerated in
this Article 11.00.
11.03 Business Taxes
In every year of the Term, to pay when due the business taxes and all other taxes
and assessments levied in respect of the occupancy of the Leased Premises by the Tenant, and if
in respect of any year of the Term the Leased Premises is assessed for business taxes, to pay the
business taxes levied in respect of such assessment whether such business taxes are assessed
against the Tenant or against the Landlord, and if such business taxes are assessed against the
Landlord to pay the same to the Landlord as additional rent within _________ (___) days after it
is demanded in writing.
11.04 Other Taxes
In every year during the Term, within ________ (_____) days after the Landlord
notifies the Tenant in writing that he has paid them, to pay the Landlord as additional rent:
(a) the amount of all charges, taxes, rates, duties and assessments whatsoever,
whether municipal, parliamentary or otherwise, charged, levied, rated or assessed
against the Leased Premises, or any part thereof, and any equipment, facilities,
installations and improvements now or at any time during the Term made in or
brought on the Leased Premises or against the Landlord on account thereof, and
including but without restricting the generality of the foregoing realty taxes and
municipal taxes for local improvements for works assessed or charged against the
Leased Premises and any similar taxes not now in existence or contemplated but
levied at any time during the Term by any competent government or municipal
body in addition to, or in lieu of, the taxes, rates, duties and assessments
hereinbefore referred to; and
(b) if the taxes in respect of the Building, or any part thereof shall be increased by
reason of any installations made in or alterations made to the Leased Premises by
the Tenant, the amount of such increase to the extent that such amount is not
included in the taxes referred to in sub-paragraph (a) of this paragraph 11.04;
and any such amounts payable by the Tenant under this paragraph 11.04 and unpaid after
_________ (___) days shall be recoverable by the Landlord as if they were rent in arrears.
11.05 To deliver to the Landlord any assessment or tax bill relating to the Leased
Premises within ______ (___) days after the receipt thereof.
Save as hereinafter provided, at all times during the Term as often as need be to
carry out promptly at its own expense all repairs and maintenance of the Leased Premises and all
repairs, maintenance and painting of the Building, including the interior walls and all machinery
and equipment therein so as to keep the Leased Premises in as good a state of repair and
condition as they are in when this lease commences and, subject as aforesaid, to repair, replace,
rebuild, and reconstruct the Building, or any part thereof excluding the exterior walls and roof
thereof and without limiting the generality of the foregoing to repair and replace, rebuild and
reconstruct the plumbing, heating and electrical systems, the interior of the Building, water,
sewer, and gas connections, wiring, sprinkler system, pipes and water mains and all other
fixtures, machinery, facilities and equipment belonging to or connected to the Leased Premises,
or any part thereof, and used in their operation, excluding such work that be commonly known as
work of a capital or structural nature; PROVIDED that if the Tenant defaults under the
provisions of this paragraph the Landlord may proceed with such repairs, replacement,
rebuilding or reconstruction, and the Tenant shall forthwith pay all costs and expenses incurred
by the Landlord in so doing and such costs and expenses shall be recoverable by the Landlord as
if they were rent in arrears under this Lease; but the Tenant shall not be obliged to repair,
maintain, paint, replace, rebuild or reconstruct any part of the premises, whenever such work is
required solely by reason of damage to the premises caused by fire, lightning, tempest, inherent
defects, acts of God, or of the Landlord, its servants, agents or workmen or any additional perils
from time to time defined and covered in the standard fire insurance broad-extended-coverage
contract in use during the Term and the Tenant shall not be liable to maintain any part of the
driveways, parking areas, lawns and shrubs appurtenant to the Building or to repair any damage
thereto, except where such damage is caused by the act or default of the Tenant, its servants,
agents or workmen employed by or for them.
11.07 Maintenance costs
To pay to the Landlord every year during the Term as additional rent, and within
_________ (____) days after written demand therefor, the costs of operating, cleaning and snow
removal from and maintenance (including such repairs to and replacements of paving, curbs,
walkways, lighting and