Warehouse Lease Agreement

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Form that allows a Landlord to rent a warehouse to a Tenant.

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A Warehouse Lease Agreement should be used whenever you want to lease/rent a warehouse space in a building or as a standalone to a Tenant. This document memorializes the agreement in writing and sets forth many important terms including the lease amount, the lease period and the rights and obligations of the Landlord and the Tenant.

Among others, this form includes the following provisions:
  • Lease Premises and Terms of Lease: Identifies the property, and the extent of use of the property.
  • Rent Payments, Late Fees: Sets out the amount of rent, when it is to be paid, and any penalties for late payment
  • Security Deposit: Provides for the amount of security deposit, and the conditions upon which it will be returned
  • Default: What constitutes default, what are consequences of default
  • Signage and Signs: Sets out the rules for signage and lighted signs
  • Insurance: Sets out the insurance requirements
  • Assignment and Subletting: Defines conditions of assignment and subletting of property
This attorney-prepared packet contains:
  1. Information and Instructions for Warehouse Lease Agreement;
  2. Warehouse Lease Agreement;
  3. "Exhibit A-1 Landƒ? cover sheet;
  4. "Exhibit A-2 Site Planƒ? cover sheet; and
  5. "Exhibit A-3 Parkingƒ? cover sheet.
State Law Compliance: This form is designed for use in all states.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Warehouse Lease Agreement








This Packet Includes:
1. General Instructions
2. Information
3. Warehouse Lease Agreement





General Instructions
Warehouse Lease Agreement

   A Warehouse Lease Agreement is an agreement where one party (a “Lessor” also known as the Landlord) agrees to lease/rent warehouse space in a building or as a standalone he owns to another party (a “Lessee” also known as a Tenant) for a specified time.

   An oral agreement when renting or leasing a property is a bad practice. While oral promises can be legally binding depending on the terms of the agreement, it can be difficult if not impossible to prove them to a judge. It is always advisable to have a written warehouse lease agreements so that the respective rights and obligations of each party are clearly stated in the agreement. This helps in dealing with key issues and thereby avoiding any misunderstanding and disputes. A written form of agreement is always preferred because that it is the best form of a proof to a tribunal or a judge to address any grievance or take a legal recourse in case of disputes. Hence, both the Lessor and Lessee must sign the Lease.  Two original copies should be made (one for the Lessor and one for the Lessee).

   Among other issues, the Warehouse Lease Agreement will address the following:

   Duration of lease, an option to renew and how the lease can be terminated.

   The responsibilities of the Lessee to pay the rent, security deposit (if any), taxes, license fees, etc relative to its business, utilities, operating, and repair costs.



   The respective responsibilities of the Lessee and Lessor toward maintaining the premises in good condition and the expenses toward the same.



Information
Warehouse Lease Agreement

1) Floor space - Define the space in the document to ensure that both parties agree as to the Lease space the Lessee is entitled to. Typically the best way to do this is to reference an exhibit of an architectural drawing that is incorporated into the Agreement.

2) Rental rate - Typically the rental rate is based on a square footage assessment. Rental rates may also be tied to gross sales. The rental rate should be defined with specificity and clarity.

3) Term  The length of the lease has a significant impact on the rental rate. If Lessors choose to offer an option to renew the term of this Lease Agreement, it should be mentioned very clearly when the lease renews itself and the terms thereafter. Option to renew clause is an optional provision and can be deleted.

4) Definition of rent  It is necessary to be very specific in terms of what is actually covered by the rental rate. Are common area expenses, overhead expenses, trash removal, etc. included?

5)  Use space - A use clause signifies how the space can and cannot be used. If you are expected to engage in a specific type of assembly or manufacturing activity or the like, you will want to make sure that you have the right to do such things in your floor space.

6)  Insurance  This is a typical provision under warehouse leases.  The Lessee is responsible for carrying comprehensive general liability insurance, Lessee liability insurance, all risks insurance on merchandise and inventory, and boiler and machinery insurance, if applicable.

7)  Lessee Improvements and Alterations:  A broader clause is advisable where it clearly states the respective obligations of the Lessee and Lessor, their limitations of cost, and the scope of alterations permitted, etc. This clause should be fair and not too restrictive on the Lessee.



8) Security Deposits/ Late Payments  Security deposits and late payment penalties are optional provisions. Please note that security deposits and late payment penalties are governed by state law.  Be sure to research your states laws before finalizing these provisions.









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AGREEMENT FOR WAREHOUSE SPACE

This Agreement (“Lease” or “Agreement”) is entered into and effective _____________, 20__, by and between ________________________, a __________ corporation with its principal offices located in _____________________ ("Lessor"), and __________________________, a __________ corporation, with principal offices located in _________________________ ("Lessee").

The parties agree as follows:

1. DESCRIPTION OF PREMISES:

Lessor hereby leases to Lessee the hereinafter defined “Premises” being approximately _______ square feet of gross leasable area in a warehouse building (the “Building”) located on a parcel of land located at ________________________ in _______________________ [name of City, State), and more fully described and/or depicted on Exhibit "A-1" attached hereto and incorporated by reference herein ("Land"), together with the non-exclusive right to use the easements and appurtenances thereto being common areas. The portion of the Building and the Land being leased to Lessee hereunder is sometimes referred to as the "Premises"). The Premises are depicted as the crosshatched area on Exhibit "A-2" hereto (the "Site Plan"). The Premises shall include exclusive use of approximately ______ loading docks and associated truck aprons on the Premises, and exclusive [or nonexclusive] parking spaces for Lessee's employees, customers, contractors, agents, invitees and licensees as depicted in Exhibit "A-3," and non-exclusive rights of access, ingress and egress over the driveways and other access ways on the land and park.

2. TERM OF LEASE:

A. This Lease shall be for an initial term of ______ (__) months commencing at noon on ______________ (“the Commencement Date”) and terminating at noon on ____________________ (the “Termination Date”).

B. Commencement and Termination Dates: Lessor and the Lessee shall, upon the request of either of them, execute an Agreement in recordable form expressing the Commencement and Termination Dates of the Term of this Lease.

C. Lessee is hereby given an option to renew this lease for an additional term of two (2) years by giving Lessor written notice on or before ninety (90) days before the expiration of the primary term of this Lease.  The renewal of lease is to be upon the same terms, covenants, and conditions contained in this Lease except as to Rent as provided in Paragraph 3 below.

3. BASE RENT:

Lessee shall pay to Lessor rent in advance, on the first day of each month of the term hereof as follows: $_____(__) per month plus applicable sales and use tax of $_____(__) per month for a grand total of $_____(__) due per month. First months rent plus sales tax is due upon Lease signing. Rent for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable without notice or demand and without any deduction, offset, or abatement in lawful money of the United States of America to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. For Agreements longer than a ____ (_) year term, commencing year ____ (_) and annually, and only within the time frame of this Lease set above in Clause (2) term of Lease the base rent shall increase ___% per year.  This __% is hereby defined and deemed as “additional rent” hereunder.

4. LATE PAYMENT PENALTY:    

In the event that Lessee shall fail to pay any amount under this Lease when the same shall be due, such amount shall be subject to a one-time late charge of ______________ ($________) and thereafter shall be subject to a service charge until such amount is paid at the lesser of the rate of ____ percent (__%) per month or the highest rate permitted by law if any payment of rent, or “additional rent,” is made by check, and the check is dishonored for any reason, including but not limited to insufficient funds or uncollected funds, Lessee shall reimburse Lessor with cash, or with an official bank check in the amount of the dishonored check, plus a dishonored check fee in the amount of ____________(___%). This __% dishonored check fee is hereby defined and deemed as “additional rent” hereunder.

5. SECURITY DEPOSIT:

Lessor acknowledges receipt, subject to clearance, of $_______(___) (equal to two months rent) due upon signing (bank check only) this Lease as security for Lessee's performance of its obligations hereunder.  Although Lessor is not obligated to apply the deposit towards rent, or charges in arrears, or damages for Lessee's failure to perform or otherwise breach this Lease, Lessor may do so at its option. Lessor's right to possession of the Premises for non-payment of rent, or for any other reason, shall not be affected in any way by the fact that Lessor holds this security deposit. Lessee agrees that if it fails to make any payment in accordance with the above schedule on a timely basis, any money received by Lessor from Lessee shall first be applied toward security deposit due and the balance shall then be applied towards rent due, regardless of any legend or memo on the front or back of any check, and regardless of any letter, note or memo accompanying any check.

6. USE:

It is intended that the Premises shall be used for manufacturing or storage, but no strict limitation is hereby imposed. The Premises shall not be used for any illegal purposes or in any manner so as to increase the rate of insurance thereon. The Lessee agrees to pay any increase caused in the Lessor's insurance rates by virtue of a change in the type of business that Lessee is conducting.

7. CARE OF PREMISES:

Lessee accepts the Premises in a good and sanitary state of repair and shall fully maintain same in a good, clean, and safe manner. Lessee shall not commit or allow to be committed any waste on or near the Premises, create or allow any nuisance to exist on or near the Premises, or use or allow the Premises to be used for any unlawful purpose. Lessee shall comply, at Lessee's expense, with all governmental laws, statutes, ordinances, or requirements now or which may hereafter be in force.


8. MAINTENANCE AND REPAIR:
 
Lessee shall be responsible for all maintenance of the Premises (doors, wall openings, windows, air conditioning, electrical, (which also includes replacement of light-bulbs, tube lighting, and emergency back-up lights, etc.) plumbing, and mechanical and Lessee shall be responsible for any cost or repair or replacement. Lessee will not change any paint colors inside the unit. Any alterations must be approved in writing by Lessor and reversed to the original colors before Lease expiration. Lessee is responsible for any glass in windows or door damage. Lessee shall also be responsible for any costs associated with environmental regulation, maintenance, or clean-ups arising out of Lessee's use of the Premises. It is further understood and agreed that any charges against Lessee by Lessor for services, labor, material, or work done on the Premises at the request of Lessee or otherwise accruing hereunder, shall be deemed and defined as “rent.

Lessor shall make all structural steel and exterior wall repairs, and shall maintain the roof exterior and repair roof leaks. Lessee shall keep and maintain the Premises and appurtenances and every part thereof in good order and repair, except for the exterior roof and exterior wall of the Building. Lessee agrees to keep all internal steel painted to prevent corrosion. Lessee agrees to keep all systems and fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems, if any, in good order and repair. Lessee agrees to be liable for any damage to the Premises and its fixtures, appurtenances and systems, if such damage is due to the negligence of Lessee, but only in the event such damage is a casualty not covered by a policy of hazard insurance required to be carried by Lessor under this Agreement.


9. ACCEPTANCE AND SURRENDER:

Lessee accepts the Premises upon possession as being in a good state of repair and in sanitary condition. Lessee shall surrender the Premises to Lessor at the end of the Lease term in the same condition as when Lessee took possession. Lessee shall remove all business signs or symbols placed on the Premises by Lessee before redelivery of the Premises to Lessor, and restore the portion of the Premises on which they were placed to the same condition as before their placement. Lessee shall also surrender all keys for the Premises to the Lessor at the place Lessee is required to pay rent, inform Lessor of all combinations on locks, safes, and vaults, if any, in the Premises and surrender to the Lessor the Premises, including, without limitation, all Building apparatus and equipment then upon the Premises, and all alterations, improvements, and other additions which may be made or installed by either party to, in, upon, or about the Premises which shall be the property of the Lessor. The failure to comply with any portion of this provision by Lessee is acknowledged to be an improper surrender and material breach of this Lease.

10. EMINENT DOMAIN:

Eminent domain proceedings resulting in the condemnation of a part of the Premises leased herein will not terminate this Lease, unless Lessor, at its option, terminates by giving written notice of termination to Lessee. Should such option not be exercised, the effect of such condemnation will be to terminate the Lease as to the portion of the Premises condemned, and the Lease continues in effect as to the remainder of the Premises. The Lessee's rental shall be prorated based upon the remaining square footage. All compensation awarded in the eminent domain proceedings as a result of such condemnation shall be the Lessor's. Although Lessee shall not be precluded from filing a business damage action on its own, Lessee shall have no claim against Lessor or the condemning authority for the value of the unexpired term of this Lease.

11. FIXTURES AND PERSONAL PROPERTY:

Any trade fixtures, movable partitions, furniture, equipment, or personal property permanently installed in or permanently attached to the Premises or Building by or at the expense of Lessee shall be and remain the property of Lessee, including Lessee's signage, and Lessor agrees that Lessee shall have the right to remove any and all of such property prior to the expiration or termination of this Agreement, so long as no default exists under this Lease.  Lessee agrees that it will, at its expense, repair any damage occasioned to the Premises by reason of the removal of any of its trade fixtures, equipment, or other permanently affixed personal property as described above.
12. LESSOR'S RIGHT OF ENTRY:

Lessor may enter the Premises at any reasonable time, for the purpose of inspection, or the making of repairs, replacements, or additions in, to, on, or about the Premises or the Building as Lessor deems necessary or desirable. Lessee shall have no claim or cause of action against Lessor by reason of such entry.

13. UTILITIES:

Lessee shall pay water, gas, electricity, fuel, light, heat and power bills for the Premises, or used by the Lessee in connection therewith. These will be prorated and invoiced after each month.
      
14. TAXES:

Lessee shall be responsible for any business license use or other taxes which may be assessed as a consequence of Lessees activities in the Premises.

15. DESTRUCTION OF PREMISES:

If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destruction, and Lessee shall not be liable for any rent beyond that date and rent shall be accounted for as between Lessor and Lessee as of that date. If the Premises are damaged but not wholly destroyed by and of such casualties, rent shall abate in such proportion as use of Premises has been destroyed and Lessor shall restore Premises to substantially the same condition as before the damage as speedily as practicable, whereupon full rental shall commence.

If the Premises cannot be restored to substantially the same condition they were in prior to the casualty within a period of one hundred twenty (120) days from the occurrence of the damage, then Lessee shall have an option to terminate this Lease upon the giving of notice of termination to Lessor within seven (7) days after Lessor notifies Lessee of their inability to repair the Premises within the required time, or within seven (7) days after Lessor's inability to do so has been apparent, and this Lease shall terminate upon the giving of such notices.

Lessee agrees to indemnify and save harmless the Lessor against all claim for damage to persons or property by reason of Lessee's use or occupancy of the Premises  and all expenses reasonably incurred by Lessor as a result thereof, including attorney's fees and court costs. Lessee agrees to maintain throughout the term, at its sole expense, liability insurance adequate to protect Lessor and Lessee against any claims arising by the use and occupancy of the Premises by Lessee.

Lessee shall give prompt notice to Lessor of any condition or requirement to be met or fulfilled by Lessor under the terms of this Lease, and Lessor shall within thirty (30) days after written notice cure such default, provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecute same to completion.

16. RECOVERY:

Lessor and Lessee each hereby waive any and all rights of recovery against the other, or against the officer, employees, agents and representatives of the other, for loss of or damage to such waiving party or its or their property of the property of others under its or their control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damage, and each shall upon obtaining the policy of insurance required by the term of this Lease, give notice to the respective insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease.

17. ASSIGNMENT AND SUBLETTING:
 
A. Lessee may not sublet or assign its interest under this Lease without the written consent of Lessor, except to a business entity that is owned or controlled by Lessee or that is the survivor of any merger, acquisition, or corporate reorganization in which Lessee's shareholders control the survivor.  

B. If permission is granted, Lessee may assign its interest in this Lease, provided Lessee remains personally liable for the performance of its obligations under this Lease through the remainder of the original term, together with all extensions, expansions, and renewals that may have been executed by Lessee and Lessor prior to any such assignment.  

C. Lessor's consent shall not be unreasonably withheld.

18. DEFAULT BY LESSEE.  

The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: Should Lessee at any time be in default with respect to payment of rent for a period of ten (10) days after written notice from Lessor; or should Lessee be in default in the performance of any other of its obligations under this Lease for thirty (30) days after written notice from Lessor specifying the particulars of the default; or should Lessee vacate and abandon the Premises; or if a petition in bankruptcy or other insolvency proceeding is filed by or against Lessee, without dismissal within thirty (30) days of filing; or if Lessee makes any general assignment for the benefit of creditors or composition; or if a petition or other proceeding is instituted by or against the Lessee for the appointment of a trustee, receiver, or liquidator of Lessee or of any of Lessee's property pursuant to laws for the benefit of creditors; or if a proceeding is instituted by any governmental authority for the dissolution or liquidation of Lessee.

In the event of any such default or breach by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of a right or remedy which Lessor may have by reason of such default or breach Lessor, shall have the immediate right of reentry in the Premises, and after five (5) days prior written notice to Lessee, may remove all persons and property from the premises.

A. The property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Lessee.  

B. Should Lessor elect to reenter, this Lease shall be deemed terminated; provided, however, that Lessor shall be entitled as against Lessee to the measure of damages provided by law, namely the difference between the rent for the balance of the term of this Lease following the day of reentry and the amount of rent Lessor receives during that period from any subsequent tenant of the Premises.

C. Lessor shall in such event have no obligation to re-let the Premises.

D. Should Lessor at any time terminate this Lease under Lessor's express rights set forth in this Lease for any breach, Lessor may, in addition to any other remedy it may have, recover from Lessee all damages incurred by reason of the breach, including the cost of recovering the Premises.

19. NOTICE: 

Wherever in this lease it is required or permitted that notice or demand be given or served by either party on the other, such notice or demand shall be deemed given or served when written and hand delivered, or deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed as follows:

To Lessor at: [address]



To Lessee at: [address]






20. HOLDOVER: 

In the event Lessee remains in possession of the Premises after the expiration or termination of the Lease, without the execution of a lease renewal or new Lease, Lessee shall be deemed to be occupying the Premises as a Lessee from month-to-month subject to all conditions, provisions, and obligations of this Lease, insofar as the same can be applicable to a month-to-month tenancy, cancelable by either party upon thirty (30) days written notice to the other, except that the rent shall increase by ________ percent (__%) over the rent for the last month of the Lease, and Lessor may increase the rent on 30 days' written notice to Lessee.


21. LESSOR'S RIGHT TO INSPECT:

Lessee agrees that Lessor and its authorized representatives has the right to enter the Premises at any time during emergencies or at all reasonable times during usual business hours upon twenty-four (24) hours notice to Lessee , for the purpose of inspection, or for the making of any necessary repairs for which the Lessor is responsible or feels necessary for the safety and preservation of the Premises or for the performance of any work on the premises that may be necessary to comply with any laws or regulations of any public authority.

22. INSURANCE:

Lessor shall, at its cost and expense, provide and keep in   force the following insurance coverage without lapse at any time and for any reason during the term of this Lease:

A. Insurance covering the Premises against loss or damage by fire and lighting and such risks as are included in "special form" or all risk coverage endorsements to policies covering property similar to the Premises in an amount equal to 100% of the full replacement value thereof (excluding foundations and excavation costs), which names Lessee as an additional insured and which includes an endorsement waiving the right of subrogation. Notwithstanding anything contained in this Lease to the contrary, regardless of whether or not Lessor provides and keeps in force the required insurance covering losses for such causes and regardless of whether or not Lessee, its agents, employees, contractors or others under the control of Lessee cause such damages to the Premises  caused by fire and lightning and such risks as are customarily included in "special form" or all risk coverage endorsements to policies covering property similar to the Premises .

B.  Commercial general liability coverage on an "occurrence form" basis with limits of at least $_______(___), each occurrence, and $_______(___) general aggregate for all claims disaster, and such damage cannot reasonably be repaired within thirty (30) days of the date of such damage so as to cause the same to be restored to its prior existing condition, this Lease shall terminate and Lessor shall retain all funds paid by any insurer as a result of such casualty. In the event that the Building on the demised Premises  is partially damaged by fire, casualty or other disaster, and such damage can reasonably be repaired within thirty (30) days of the date of such damage so as to cause the same to be restored to its prior existing condition, the Lessor shall proceed to restore said demised Premises  and during the period of restoration, the rent shall be reduced proportionately according to the percentage of square feet of usable area remaining in the portion of the Building leased to Lessee. In the event the demised Premises are untenable as a result of such damage, rent shall abate during the period of time of restoration.

23. ENVIRONMENTAL COMPLIANCE:

To the best of the Lessor's knowledge and belief, there are no existing violations of any federal, state or local environmental laws and regulations and any amendments thereto including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, the superfund amendments and reauthorization act of 1986, and the resource Conservation Recovery Act of 1976. Lessor shall indemnify and hold Lessee harmless from and against any and all damages, penalties, fines, claims liens, suits liabilities, cost (including clean-up cost), judgments and expenses (including, but not limited to, attorneys', consultants' and experts' fees and expenses) of any kind and nature suffered or asserted against Lessee as a direct or indirect result of any preexisting condition prior to the occupancy of said Premises  by Lessee or as a direct or indirect result of any condition or violation taking place after the termination of the Lease term or Lessee's occupancy of the property. The foregoing indemnification shall survive the expiration or termination of the Lease term. The Lessee in the same manner as described above agrees to hold Lessor harmless should any violation as described above be caused or allowed to be caused by the Lessee or its agents, servants, employees, contractors or vendors.

24. EXCUSE OF OWNER'S PERFORMANCE:

Anything in this Agreement to the contrary notwithstanding, providing such cause is not due to the willful act or neglect of Lessor. Lessor shall not be deemed in default with respect to the performance of any of the terms, covenants, and conditions of this Lease if same shall be due to any strike, lockout, civil commotion, warlike operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain any material, service, or financing, through an act of god or other cause beyond the control of the Lessor. Lessor shall not be liable for any damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other Lessee, agent, employee, invitee, occupant, or any other person whatsoever.

25. HAZARDOUS MATERIALS:

Lessee shall not use the Premises, nor permit them to be used, for any purpose which shall increase the existing rate of insurance upon the Building, or cause the cancellation of any insurance policy covering the Building, or sell or permit to be kept, used, or sold in or about the Premises, any article that may be prohibited by Lessor's insurance policies or bring into or store in the Premises, any inflammable or explosive goods or materials nor any article which may expose the Premises to fire or increase the fire hazard of the Building.

The Lessee shall comply with all sanitary rules and safety regulations which may be promulgated from time to time by the Lessor and shall keep and maintain the Premises in clean and sanitary condition and dispose of all rubbish only through the means and places indicated by the Lessor for the purpose.

26. ATTORNEYS' FEES:  

If either party is required to place the enforcement of all or any part of this Lease, the recovery of possession of the Premises, or damages in the hands of an attorney, or if legal proceedings are commenced by either party against the other party to protect or enforce rights or obligations under this Lease, the prevailing party, whether as Plaintiff or Defendant, shall be entitled to recover its reasonable attorneys' fees and costs.

27. SIGNAGE: [Optional]

Lessor reserves the right for itself or its agents to install a sign designating the Building and/or Parcel for sale or for lease, and to show the space to a prospective tenant, should Lessee not renew this Lease within ninety (90) days prior to its termination date.

28. LIGHTED SIGN: [Optional]

Lessor acknowledges that Lessee is the sole owner of the lighted sign situated on the parcel of land and Building and that Lessee may enlarge or improve the sign at its present location, at Lessee's sole expense, or remove the sign at any time.

29. LESSEE IMPROVEMENTS. [Optional]

A. Lessor hereby agrees to a tenant improvement allowance in the total sum of $___________ ("Lessee Allowance"), which represents the portion of the cost of the tenant improvements described in the Plans and specified by Lessee to be constructed by Lessor.  

B. The cost of such tenant improvements shall be borne by Lessor up to the amount of the Lessee Allowance.  

C. Should costs of such improvements constructed in compliance with the Plans are in excess of the Lessee Allowance, the excess amount shall be advanced by Lessor during construction but shall be reimbursed to Lessor by Lessee as provided below.

D. In the event the actual cost of constructing the Lessee Improvements, including the cost of carpeting and painting, exceeds the Lessee Allowance, the excess cost shall be spread evenly over the two (2) year primary term of this Lease, with 1/24th of the cost added to the minimum monthly rent for each month during that term.

30. SUBORDINATION:

This Lease is subject and subordinate to all mortgages and deeds of trust which may now or hereafter encumber the Building, Parcel, or any appurtenances thereto, or any leases, renewals or modifications related thereto.  This clause shall be self operative and no further instruments of subordination shall be required in order for this clause to be effective. Lessee hereby agrees to execute, within ten (10) days of a request, any and all reasonable instruments in writing required by Lessor or any lender to subordinate Lessee's rights acquired by this Lease in accordance with this clause.

31. NO REPRESENTATIONS BY LESSOR:

Lessee acknowledges that neither Lessor nor any of Lessor s agents, representatives, officers or employees has made any representations or promises with respect to the Building or the Premises except as herein expressly set forth, and that it has not executed this Lease in reliance upon any representations or promises of Lessor or Lessor s agents, representatives, officers or employees with respect to the Building or the Premises except as herein expressly set forth. Lessee acknowledges that neither Lessor nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Lessees business or for any other purpose, nor has Lessor or its agents or employees agreed to undertake any alterations or construct any improvements to the Premises except as expressly provided in this Agreement.

32. MISCELLANEOUS:

A.  Time is of the essence in this Lease.

B.  All covenants and conditions in this Lease are mutually dependent.

C.  This Lease shall not be recorded.

D. Lessee acknowledges that Lessee contacted Lessor directly, and that no real estate commission is due or payable from Lessor.  Lessee will hold Lessor and owners harmless from any claim made for a real estate commission. Lessor agrees that this covenant and indemnity shall be mutual.

E.  All disputes under this Leased shall be determined according to the laws of the State of __________. The Circuit Court of ___________County shall be sole and exclusive forum to litigate all disputes under this Leased, and Lessee consents to the jurisdiction of that court for this purpose.

F.  This Lease contains the entire agreement between Lessor and Lessee and shall not be modified in any manner except by an instrument in writing executed by all parties hereto.  This instrument may be executed in any number of counterparts, each of which shall be deemed to be an original.

G. This Agreement shall be binding upon and inured to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

H. All Addendums will be prepared after the execution of the Agreement, and Lessee and Lessor shall acknowledge their approval of each Addendum by their signatures thereon, at the time of attachment to the Agreement.

37.  ADDITIONAL TERMS & CONDITIONS.   (Specify “none” if there are no additional provisions.)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written.

LESSOR:                  LESSEE:
_____________________________         ________________________________
(Signature)                  (Signature)
_____________________________         ________________________________
(Print Name)                  (Print Name)
_____________________________         ________________________________
Title (if applicable)               Title (if applicable)

Exhibit "A-1"
Land
Exhibit "A-2"
Site Plan
Exhibit "A-3"
Parking
Number of Pages18
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32702
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.














Warehouse Lease Agreement








This Packet Includes:
1. General Instructions
2. Information
3. Warehouse Lease Agreement





General Instructions
Warehouse Lease Agreement

   A Warehouse Lease Agreement is an agreement where one party (a “Lessor” also known as the Landlord) agrees to lease/rent warehouse space in a building or as a standalone he owns to another party (a “Lessee” also known as a Tenant) for a specified time.

   An oral agreement when renting or leasing a property is a bad practice. While oral promises can be legally binding depending on the terms of the agreement, it can be difficult if not impossible to prove them to a judge. It is always advisable to have a written warehouse lease agreements so that the respective rights and obligations of each party are clearly stated in the agreement. This helps in dealing with key issues and thereby avoiding any misunderstanding and disputes. A written form of agreement is always preferred because that it is the best form of a proof to a tribunal or a judge to address any grievance or take a legal recourse in case of disputes. Hence, both the Lessor and Lessee must sign the Lease.  Two original copies should be made (one for the Lessor and one for the Lessee).

   Among other issues, the Warehouse Lease Agreement will address the following:

   Duration of lease, an option to renew and how the lease can be terminated.

   The responsibilities of the Lessee to pay the rent, security deposit (if any), taxes, license fees, etc relative to its business, utilities, operating, and repair costs.



   The respective responsibilities of the Lessee and Lessor toward maintaining the premises in good condition and the expenses toward the same.



Information
Warehouse Lease Agreement

1) Floor space - Define the space in the document to ensure that both parties agree as to the Lease space the Lessee is entitled to. Typically the best way to do this is to reference an exhibit of an architectural drawing that is incorporated into the Agreement.

2) Rental rate - Typically the rental rate is based on a square footage assessment. Rental rates may also be tied to gross sales. The rental rate should be defined with specificity and clarity.

3) Term  The length of the lease has a significant impact on the rental rate. If Lessors choose to offer an option to renew the term of this Lease Agreement, it should be mentioned very clearly when the lease renews itself and the terms thereafter. Option to renew clause is an optional provision and can be deleted.

4) Definition of rent  It is necessary to be very specific in terms of what is actually covered by the rental rate. Are common area expenses, overhead expenses, trash removal, etc. included?

5)  Use space - A use clause signifies how the space can and cannot be used. If you are expected to engage in a specific type of assembly or manufacturing activity or the like, you will want to make sure that you have the right to do such things in your floor space.

6)  Insurance  This is a typical provision under warehouse leases.  The Lessee is responsible for carrying comprehensive general liability insurance, Lessee liability insurance, all risks insurance on merchandise and inventory, and boiler and machinery insurance, if applicable.

7)  Lessee Improvements and Alterations:  A broader clause is advisable where it clearly states the respective obligations of the Lessee and Lessor, their limitations of cost, and the scope of alterations permitted, etc. This clause should be fair and not too restrictive on the Lessee.



8) Security Deposits/ Late Payments  Security deposits and late payment penalties are optional provisions. Please note that security deposits and late payment penalties are governed by state law.  Be sure to research your states laws before finalizing these provisions.









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AGREEMENT FOR WAREHOUSE SPACE

This Agreement (“Lease” or “Agreement”) is entered into and effective _____________, 20__, by and between ________________________, a __________ corporation with its principal offices located in _____________________ ("Lessor"), and __________________________, a __________ corporation, with principal offices located in _________________________ ("Lessee").

The parties agree as follows:

1. DESCRIPTION OF PREMISES:

Lessor hereby leases to Lessee the hereinafter defined “Premises” being approximately _______ square feet of gross leasable area in a warehouse building (the “Building”) located on a parcel of land located at ________________________ in _______________________ [name of City, State), and more fully described and/or depicted on Exhibit "A-1" attached hereto and incorporated by reference herein ("Land"), together with the non-exclusive right to use the easements and appurtenances thereto being common areas. The portion of the Building and the Land being leased to Lessee hereunder is sometimes referred to as the "Premises"). The Premises are depicted as the crosshatched area on Exhibit "A-2" hereto (the "Site Plan"). The Premises shall include exclusive use of approximately ______ loading docks and associated truck aprons on the Premises, and exclusive [or nonexclusive] parking spaces for Lessee's employees, customers, contractors, agents, invitees and licensees as depicted in Exhibit "A-3," and non-exclusive rights of access, ingress and egress over the driveways and other access ways on the land and park.

2. TERM OF LEASE:

A. This Lease shall be for an initial term of ______ (__) months commencing at noon on ______________ (“the Commencement Date”) and terminating at noon on ____________________ (the “Termination Date”).

B. Commencement and Termination Dates: Lessor and the Lessee shall, upon the request of either of them, execute an Agreement in recordable form expressing the Commencement and Termination Dates of the Term of this Lease.

C. Lessee is hereby given an option to renew this lease for an additional term of two (2) years by giving Lessor written notice on or before ninety (90) days before the expiration of the primary term of this Lease.  The renewal of lease is to be upon the same terms, covenants, and conditions contained in this Lease except as to Rent as provided in Paragraph 3 below.

3. BASE RENT:

Lessee shall pay to Lessor rent in advance, on the first day of each month of the term hereof as follows: $_____(__) per month plus applicable sales and use tax of $_____(__) per month for a grand total of $_____(__) due per month. First months rent plus sales tax is due upon Lease signing. Rent for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable without notice or demand and without any deduction, offset, or abatement in lawful money of the United States of America to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. For Agreements longer than a ____ (_) year term, commencing year ____ (_) and annually, and only within the time frame of this Lease set above in Clause (2) term of Lease the base rent shall increase ___% per year.  This __% is hereby defined and deemed as “additional rent” hereunder.

4. LATE PAYMENT PENALTY:    

In the event that Lessee shall fail to pay any amount under this Lease when the same shall be due, such amount shall be subject to a one-time late charge of ______________ ($________) and thereafter shall be subject to a service charge until such amount is paid at the lesser of the rate of ____ percent (__%) per month or the highest rate permitted by law if any payment of rent, or “additional rent,” is made by check, and the check is dishonored for any reason, including but not limited to insufficient funds or uncollected funds, Lessee shall reimburse Lessor with cash, or with an official bank check in the amount of the dishonored check, plus a dishonored check fee in the amount of ____________(___%). This __% dishonored check fee is hereby defined and deemed as “additional rent” hereunder.

5. SECURITY DEPOSIT:

Lessor acknowledges receipt, subject to clearance, of $_______(___) (equal to two months rent) due upon signing (bank check only) this Lease as security for Lessee's performance of its obligations hereunder.  Although Lessor is not obligated to apply the deposit towards rent, or charges in arrears, or damages for Lessee's failure to perform or otherwise breach this Lease, Lessor may do so at its option. Lessor's right to possession of the Premises for non-payment of rent, or for any other reason, shall not be affected in any way by the fact that Lessor holds this security deposit. Lessee agrees that if it fails to make any payment in accordance with the above schedule on a timely basis, any money received by Lessor from Lessee shall first be applied toward security deposit due and the balance shall then be applied towards rent due, regardless of any legend or memo on the front or back of any check, and regardless of any letter, note or memo accompanying any check.

6. USE:

It is intended that the Premises shall be used for manufacturing or storage, but no strict limitation is hereby imposed. The Premises shall not be used for any illegal purposes or in any manner so as to increase the rate of insurance thereon. The Lessee agrees to pay any increase caused in the Lessor's insurance rates by virtue of a change in the type of business that Lessee is conducting.

7. CARE OF PREMISES:

Lessee accepts the Premises in a good and sanitary state of repair and shall fully maintain same in a good, clean, and safe manner. Lessee shall not commit or allow to be committed any waste on or near the Premises, create or allow any nuisance to exist on or near the Premises, or use or allow the Premises to be used for any unlawful purpose. Lessee shall comply, at Lessee's expense, with all governmental laws, statutes, ordinances, or requirements now or which may hereafter be in force.


8. MAINTENANCE AND REPAIR:
 
Lessee shall be responsible for all maintenance of the Premises (doors, wall openings, windows, air conditioning, electrical, (which also includes replacement of light-bulbs, tube lighting, and emergency back-up lights, etc.) plumbing, and mechanical and Lessee shall be responsible for any cost or repair or replacement. Lessee will not change any paint colors inside the unit. Any alterations must be approved in writing by Lessor and reversed to the original colors before Lease expiration. Lessee is responsible for any glass in windows or door damage. Lessee shall also be responsible for any costs associated with environmental regulation, maintenance, or clean-ups arising out of Lessee's use of the Premises. It is further understood and agreed that any charges against Lessee by Lessor for services, labor, material, or work done on the Premises at the request of Lessee or otherwise accruing hereunder, shall be deemed and defined as “rent.

Lessor shall make all structural steel and exterior wall repairs, and shall maintain the roof exterior and repair roof leaks. Lessee shall keep and maintain the Premises and appurtenances and every part thereof in good order and repair, except for the exterior roof and exterior wall of the Building. Lessee agrees to keep all internal steel painted to prevent corrosion. Lessee agrees to keep all systems and fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems, if any, in good order and repair. Lessee agrees to be liable for any damage to the Premises and its fixtures, appurtenances and systems, if such damage is due to the negligence of Lessee, but only in the event such damage is a casualty not covered by a policy of hazard insurance required to be carried by Lessor under this Agreement.


9. ACCEPTANCE AND SURRENDER:

Lessee accepts the Premises upon possession as being in a good state of repair and in sanitary condition. Lessee shall surrender the Premises to Lessor at the end of the Lease term in the same condition as when Lessee took possession. Lessee shall remove all business signs or symbols placed on the Premises by Lessee before redelivery of the Premises to Lessor, and restore the portion of the Premises on which they were placed to the same condition as before their placement. Lessee shall also surrender all keys for the Premises to the Lessor at the place Lessee is required to pay rent, inform Lessor of all combinations on locks, safes, and vaults, if any, in the Premises and surrender to the Lessor the Premises, including, without limitation, all Building apparatus and equipment then upon the Premises, and all alterations, improvements, and other additions which may be made or installed by either party to, in, upon, or about the Premises which shall be the property of the Lessor. The failure to comply with any portion of this provision by Lessee is acknowledged to be an improper surrender and material breach of this Lease.

10. EMINENT DOMAIN:

Eminent domain proceedings resulting in the condemnation of a part of the Premises leased herein will not terminate this Lease, unless Lessor, at its option, terminates by giving written notice of termination to Lessee. Should such option not be exercised, the effect of such condemnation will be to terminate the Lease as to the portion of the Premises condemned, and the Lease continues in effect as to the remainder of the Premises. The Lessee's rental shall be prorated based upon the remaining square footage. All compensation awarded in the eminent domain proceedings as a result of such condemnation shall be the Lessor's. Although Lessee shall not be precluded from filing a business damage action on its own, Lessee shall have no claim against Lessor or the condemning authority for the value of the unexpired term of this Lease.

11. FIXTURES AND PERSONAL PROPERTY:

Any trade fixtures, movable partitions, furniture, equipment, or personal property permanently installed in or permanently attached to the Premises or Building by or at the expense of Lessee shall be and remain the property of Lessee, including Lessee's signage, and Lessor agrees that Lessee shall have the right to remove any and all of such property prior to the expiration or termination of this Agreement, so long as no default exists under this Lease.  Lessee agrees that it will, at its expense, repair any damage occasioned to the Premises by reason of the removal of any of its trade fixtures, equipment, or other permanently affixed personal property as described above.
12. LESSOR'S RIGHT OF ENTRY:

Lessor may enter the Premises at any reasonable time, for the purpose of inspection, or the making of repairs, replacements, or additions in, to, on, or about the Premises or the Building as Lessor deems necessary or desirable. Lessee shall have no claim or cause of action against Lessor by reason of such entry.

13. UTILITIES:

Lessee shall pay water, gas, electricity, fuel, light, heat and power bills for the Premises, or used by the Lessee in connection therewith. These will be prorated and invoiced after each month.
      
14. TAXES:

Lessee shall be responsible for any business license use or other taxes which may be assessed as a consequence of Lessees activities in the Premises.

15. DESTRUCTION OF PREMISES:

If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destruction, and Lessee shall not be liable for any rent beyond that date and rent shall be accounted for as between Lessor and Lessee as of that date. If the Premises are damaged but not wholly destroyed by and of such casualties, rent shall abate in such proportion as use of Premises has been destroyed and Lessor shall restore Premises to substantially the same condition as before the damage as speedily as practicable, whereupon full rental shall commence.

If the Premises cannot be restored to substantially the same condition they were in prior to the casualty within a period of one hundred twenty (120) days from the occurrence of the damage, then Lessee shall have an option to terminate this Lease upon the giving of notice of termination to Lessor within seven (7) days after Lessor notifies Lessee of their inability to repair the Premises within the required time, or within seven (7) days after Lessor's inability to do so has been apparent, and this Lease shall terminate upon the giving of such notices.

Lessee agrees to indemnify and save harmless the Lessor against all claim for damage to persons or property by reason of Lessee's use or occupancy of the Premises  and all expenses reasonably incurred by Lessor as a result thereof, including attorney's fees and court costs. Lessee agrees to maintain throughout the term, at its sole expense, liability insurance adequate to protect Lessor and Lessee against any claims arising by the use and occupancy of the Premises by Lessee.

Lessee shall give prompt notice to Lessor of any condition or requirement to be met or fulfilled by Lessor under the terms of this Lease, and Lessor shall within thirty (30) days after written notice cure such default, provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecute same to completion.

16. RECOVERY:

Lessor and Lessee each hereby waive any and all rights of recovery against the other, or against the officer, employees, agents and representatives of the other, for loss of or damage to such waiving party or its or their property of the property of others under its or their control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damage, and each shall upon obtaining the policy of insurance required by the term of this Lease, give notice to the respective insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease.

17. ASSIGNMENT AND SUBLETTING:
 
A. Lessee may not sublet or assign its interest under this Lease without the written consent of Lessor, except to a business entity that is owned or controlled by Lessee or that is the survivor of any merger, acquisition, or corporate reorganization in which Lessee's shareholders control the survivor.  

B. If permission is granted, Lessee may assign its interest in this Lease, provided Lessee remains personally liable for the performance of its obligations under this Lease through the remainder of the original term, together with all extensions, expansions, and renewals that may have been executed by Lessee and Lessor prior to any such assignment.  

C. Lessor's consent shall not be unreasonably withheld.

18. DEFAULT BY LESSEE.  

The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: Should Lessee at any time be in default with respect to payment of rent for a period of ten (10) days after written notice from Lessor; or should Lessee be in default in the performance of any other of its obligations under this Lease for thirty (30) days after written notice from Lessor specifying the particulars of the default; or should Lessee vacate and abandon the Premises; or if a petition in bankruptcy or other insolvency proceeding is filed by or against Lessee, without dismissal within thirty (30) days of filing; or if Lessee makes any general assignment for the benefit of creditors or composition; or if a petition or other proceeding is instituted by or against the Lessee for the appointment of a trustee, receiver, or liquidator of Lessee or of any of Lessee's property pursuant to laws for the benefit of creditors; or if a proceeding is instituted by any governmental authority for the dissolution or liquidation of Lessee.

In the event of any such default or breach by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of a right or remedy which Lessor may have by reason of such default or breach Lessor, shall have the immediate right of reentry in the Premises, and after five (5) days prior written notice to Lessee, may remove all persons and property from the premises.

A. The property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Lessee.  

B. Should Lessor elect to reenter, this Lease shall be deemed terminated; provided, however, that Lessor shall be entitled as against Lessee to the measure of damages provided by law, namely the difference between the rent for the balance of the term of this Lease following the day of reentry and the amount of rent Lessor receives during that period from any subsequent tenant of the Premises.

C. Lessor shall in such event have no obligation to re-let the Premises.

D. Should Lessor at any time terminate this Lease under Lessor's express rights set forth in this Lease for any breach, Lessor may, in addition to any other remedy it may have, recover from Lessee all damages incurred by reason of the breach, including the cost of recovering the Premises.

19. NOTICE: 

Wherever in this lease it is required or permitted that notice or demand be given or served by either party on the other, such notice or demand shall be deemed given or served when written and hand delivered, or deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed as follows:

To Lessor at: [address]



To Lessee at: [address]






20. HOLDOVER: 

In the event Lessee remains in possession of the Premises after the expiration or termination of the Lease, without the execution of a lease renewal or new Lease, Lessee shall be deemed to be occupying the Premises as a Lessee from month-to-month subject to all conditions, provisions, and obligations of this Lease, insofar as the same can be applicable to a month-to-month tenancy, cancelable by either party upon thirty (30) days written notice to the other, except that the rent shall increase by ________ percent (__%) over the rent for the last month of the Lease, and Lessor may increase the rent on 30 days' written notice to Lessee.


21. LESSOR'S RIGHT TO INSPECT:

Lessee agrees that Lessor and its authorized representatives has the right to enter the Premises at any time during emergencies or at all reasonable times during usual business hours upon twenty-four (24) hours notice to Lessee , for the purpose of inspection, or for the making of any necessary repairs for which the Lessor is responsible or feels necessary for the safety and preservation of the Premises or for the performance of any work on the premises that may be necessary to comply with any laws or regulations of any public authority.

22. INSURANCE:

Lessor shall, at its cost and expense, provide and keep in   force the following insurance coverage without lapse at any time and for any reason during the term of this Lease:

A. Insurance covering the Premises against loss or damage by fire and lighting and such risks as are included in "special form" or all risk coverage endorsements to policies covering property similar to the Premises in an amount equal to 100% of the full replacement value thereof (excluding foundations and excavation costs), which names Lessee as an additional insured and which includes an endorsement waiving the right of subrogation. Notwithstanding anything contained in this Lease to the contrary, regardless of whether or not Lessor provides and keeps in force the required insurance covering losses for such causes and regardless of whether or not Lessee, its agents, employees, contractors or others under the control of Lessee cause such damages to the Premises  caused by fire and lightning and such risks as are customarily included in "special form" or all risk coverage endorsements to policies covering property similar to the Premises .

B.  Commercial general liability coverage on an "occurrence form" basis with limits of at least $_______(___), each occurrence, and $_______(___) general aggregate for all claims disaster, and such damage cannot reasonably be repaired within thirty (30) days of the date of such damage so as to cause the same to be restored to its prior existing condition, this Lease shall terminate and Lessor shall retain all funds paid by any insurer as a result of such casualty. In the event that the Building on the demised Premises  is partially damaged by fire, casualty or other disaster, and such damage can reasonably be repaired within thirty (30) days of the date of such damage so as to cause the same to be restored to its prior existing condition, the Lessor shall proceed to restore said demised Premises  and during the period of restoration, the rent shall be reduced proportionately according to the percentage of square feet of usable area remaining in the portion of the Building leased to Lessee. In the event the demised Premises are untenable as a result of such damage, rent shall abate during the period of time of restoration.

23. ENVIRONMENTAL COMPLIANCE:

To the best of the Lessor's knowledge and belief, there are no existing violations of any federal, state or local environmental laws and regulations and any amendments thereto including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, the superfund amendments and reauthorization act of 1986, and the resource Conservation Recovery Act of 1976. Lessor shall indemnify and hold Lessee harmless from and against any and all damages, penalties, fines, claims liens, suits liabilities, cost (including clean-up cost), judgments and expenses (including, but not limited to, attorneys', consultants' and experts' fees and expenses) of any kind and nature suffered or asserted against Lessee as a direct or indirect result of any preexisting condition prior to the occupancy of said Premises  by Lessee or as a direct or indirect result of any condition or violation taking place after the termination of the Lease term or Lessee's occupancy of the property. The foregoing indemnification shall survive the expiration or termination of the Lease term. The Lessee in the same manner as described above agrees to hold Lessor harmless should any violation as described above be caused or allowed to be caused by the Lessee or its agents, servants, employees, contractors or vendors.

24. EXCUSE OF OWNER'S PERFORMANCE:

Anything in this Agreement to the contrary notwithstanding, providing such cause is not due to the willful act or neglect of Lessor. Lessor shall not be deemed in default with respect to the performance of any of the terms, covenants, and conditions of this Lease if same shall be due to any strike, lockout, civil commotion, warlike operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, inability to obtain any material, service, or financing, through an act of god or other cause beyond the control of the Lessor. Lessor shall not be liable for any damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other Lessee, agent, employee, invitee, occupant, or any other person whatsoever.

25. HAZARDOUS MATERIALS:

Lessee shall not use the Premises, nor permit them to be used, for any purpose which shall increase the existing rate of insurance upon the Building, or cause the cancellation of any insurance policy covering the Building, or sell or permit to be kept, used, or sold in or about the Premises, any article that may be prohibited by Lessor's insurance policies or bring into or store in the Premises, any inflammable or explosive goods or materials nor any article which may expose the Premises to fire or increase the fire hazard of the Building.

The Lessee shall comply with all sanitary rules and safety regulations which may be promulgated from time to time by the Lessor and shall keep and maintain the Premises in clean and sanitary condition and dispose of all rubbish only through the means and places indicated by the Lessor for the purpose.

26. ATTORNEYS' FEES:  

If either party is required to place the enforcement of all or any part of this Lease, the recovery of possession of the Premises, or damages in the hands of an attorney, or if legal proceedings are commenced by either party against the other party to protect or enforce rights or obligations under this Lease, the prevailing party, whether as Plaintiff or Defendant, shall be entitled to recover its reasonable attorneys' fees and costs.

27. SIGNAGE: [Optional]

Lessor reserves the right for itself or its agents to install a sign designating the Building and/or Parcel for sale or for lease, and to show the space to a prospective tenant, should Lessee not renew this Lease within ninety (90) days prior to its termination date.

28. LIGHTED SIGN: [Optional]

Lessor acknowledges that Lessee is the sole owner of the lighted sign situated on the parcel of land and Building and that Lessee may enlarge or improve the sign at its present location, at Lessee's sole expense, or remove the sign at any time.

29. LESSEE IMPROVEMENTS. [Optional]

A. Lessor hereby agrees to a tenant improvement allowance in the total sum of $___________ ("Lessee Allowance"), which represents the portion of the cost of the tenant improvements described in the Plans and specified by Lessee to be constructed by Lessor.  

B. The cost of such tenant improvements shall be borne by Lessor up to the amount of the Lessee Allowance.  

C. Should costs of such improvements constructed in compliance with the Plans are in excess of the Lessee Allowance, the excess amount shall be advanced by Lessor during construction but shall be reimbursed to Lessor by Lessee as provided below.

D. In the event the actual cost of constructing the Lessee Improvements, including the cost of carpeting and painting, exceeds the Lessee Allowance, the excess cost shall be spread evenly over the two (2) year primary term of this Lease, with 1/24th of the cost added to the minimum monthly rent for each month during that term.

30. SUBORDINATION:

This Lease is subject and subordinate to all mortgages and deeds of trust which may now or hereafter encumber the Building, Parcel, or any appurtenances thereto, or any leases, renewals or modifications related thereto.  This clause shall be self operative and no further instruments of subordination shall be required in order for this clause to be effective. Lessee hereby agrees to execute, within ten (10) days of a request, any and all reasonable instruments in writing required by Lessor or any lender to subordinate Lessee's rights acquired by this Lease in accordance with this clause.

31. NO REPRESENTATIONS BY LESSOR:

Lessee acknowledges that neither Lessor nor any of Lessor s agents, representatives, officers or employees has made any representations or promises with respect to the Building or the Premises except as herein expressly set forth, and that it has not executed this Lease in reliance upon any representations or promises of Lessor or Lessor s agents, representatives, officers or employees with respect to the Building or the Premises except as herein expressly set forth. Lessee acknowledges that neither Lessor nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Lessees business or for any other purpose, nor has Lessor or its agents or employees agreed to undertake any alterations or construct any improvements to the Premises except as expressly provided in this Agreement.

32. MISCELLANEOUS:

A.  Time is of the essence in this Lease.

B.  All covenants and conditions in this Lease are mutually dependent.

C.  This Lease shall not be recorded.

D. Lessee acknowledges that Lessee contacted Lessor directly, and that no real estate commission is due or payable from Lessor.  Lessee will hold Lessor and owners harmless from any claim made for a real estate commission. Lessor agrees that this covenant and indemnity shall be mutual.

E.  All disputes under this Leased shall be determined according to the laws of the State of __________. The Circuit Court of ___________County shall be sole and exclusive forum to litigate all disputes under this Leased, and Lessee consents to the jurisdiction of that court for this purpose.

F.  This Lease contains the entire agreement between Lessor and Lessee and shall not be modified in any manner except by an instrument in writing executed by all parties hereto.  This instrument may be executed in any number of counterparts, each of which shall be deemed to be an original.

G. This Agreement shall be binding upon and inured to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

H. All Addendums will be prepared after the execution of the Agreement, and Lessee and Lessor shall acknowledge their approval of each Addendum by their signatures thereon, at the time of attachment to the Agreement.

37.  ADDITIONAL TERMS & CONDITIONS.   (Specify “none” if there are no additional provisions.)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written.

LESSOR:                  LESSEE:
_____________________________         ________________________________
(Signature)                  (Signature)
_____________________________         ________________________________
(Print Name)                  (Print Name)
_____________________________         ________________________________
Title (if applicable)               Title (if applicable)

Exhibit "A-1"
Land
Exhibit "A-2"
Site Plan
Exhibit "A-3"
Parking

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