Commercial Lease Agreement - AUQLDRECM013

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BLACK = Old Item/Clause  |  RED = New Item/Clause  | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

22 Sept 2008 v2.0

Additions / Changes:

 

Item 13

Special Conditions:

(a) Were inserted under instruction by a party to this Agreement; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (14), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

 

Item 14

The parties have been advised to seek legal advice with respect to this Agreement, including Special Conditions.

 

01 Apr 2008 v1.9

Additions / Changes:

 

Clause 6.4(e)

once determined, the rental for the future term will be payable from the commencement date of the new term.

 

20 Dec 2007 v1.8

Additions / Changes:

 

Item 5

Name:    ………………………………………………………   ABN:    ……………………….....

Address: ……………………………………………………...   Phone: ..…………………………

             ………………………………………………………   Fax:     ………………………….

Email:    ……………………………………………………….   Mobile: ………………………….

 

15 Nov 2007 v1.7

Additions:

 

Item 13

WARNING: By signing this Agreement the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent.  The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

 

23 Feb 2007 v1.5

Additions:

Clause 6.4

Rental for the further term will be:

(a)

 

as agreed between the parties

Or failing agreement:

(b)

 

as provided in Item (8.2)

(c)

 

where the rental is to be determined by market review, the current market rent will be determined by a Valuer within a reasonable time (not less than two months) prior to expiration of the current Term.

(d)

 

in any case market rent or other, the rent shall not be less than the rental charged at the expiration of the prior term.

Clause 6.5

The Landlord and the Tenant shall equally share any costs incurred relating to a rental determination under Clause 6.4.

Clause 17.1

Throughout the Lease Term the Tenant must:

(1)

 

obtain and maintain insurance policies required to cover all stock, furnishings and plant and equipment for the full insurable value against all reasonable risks as required by the Tenant.

(2)

 

have:

 

 

(1)

 

legal/public liability insurance cover for a minimum of 10 million dollars; and

 

 

(2)

 

plate glass insurance against all risks specified by the Landlord.

(3)

 

ensure that all current insurance policies or those required by the Tenant under this Agreement

 

 

(1)

 

have been approved by the Lessor

 

 

(2)

 

are taken out in the join names of the Landlord and the Tenant for their respective rights and interests

 

 

(3)

 

cover the agreed risks in accordance with Item (11) and contain conditions acceptable to the Landlord and the Landlord’s insurer.

(4)

 

upon request provide copies and provide certificates annually for each insurance policy confirming the currency of such policies to the Landlord.

Changes:

 

Item 6.3

Period in which to exercise the option: (if no period is specified, notice shall be given no more than 6 and no less than 3 months from the date of expiry of the term)

 

Clause 1(11)

Premises: the premises referred to in Item (1) of the Item Schedule. the building (or part thereof) that the Agreement relates to.

 

Clause 4.1

At the Lease End Date stated in Item (1) the Tenant may continue but only with the Landlord’s prior written consent, to occupy the Premises and shall do so as a monthly Tenant subject to the provisions of this Agreement Lease.

 

Clause 4.2

A monthly tenancy may be terminated by either party on the giving to the other, of not less than one month’s notice.

 

Clause 5.1

The Tenant agrees to pay the Rent amount monthly in advance as directed by the Landlord at the time specified in Item (5).

 

Clause 6.3

Upon The Tenant having complied with Clause 6.1 & 6.2 the Landlord will grant a further lease of the Premises to the Tenant on the same Terms and conditions as this Agreement subject to Clause 6.4 Lease excluding Item (6) of the Item Schedule Item (6) and this Clause and otherwise varying the Item (1) of the Item Schedule Item (1) as to the Lease Commencement Date and Lease End Date with respect to the Term and Rental Year one as currently set out in Item (6).

 

Clause 7.3

The Tenant and/or the Tenant’s employees must not:

(a)

 

erect, paint, write or attach any sign upon any part of the Premises without first having written approval from the Landlord and where necessary, the relevant authorities; or

(b)

 

install any equipment in the Premises that may overload any Services; or

(c)

 

carry on any illegal activities or interfere with the rights of other tenants; or

(d)

 

do or neglect to do anything to or upon the Premises which may make void or increase the premium of any insurance on the Premises or any property in them

 

Clause 9.1

The Tenant will:

(1)

 

maintain the Premises and all fixtures and fittings in a reasonable state of repair without damage or loss. (fair wear and tear excepted)

(2)

 

to keep the Premises and immediate surrounds clean and tidy

(3)

 

make repairs in respect to damage caused by the Tenant

(4)

 

immediately on receipt of notice pay to the Landlord, all Outgoings in accordance with Item (10) of the Item Schedule no later than the due date specified in the Schedule

(5)

 

carry out works on the Premises in accordance with notice given by the Landlord under Clause 11.1 (3).

(6)

 

pay all taxes, levies or fees in relation to this Agreement.

 

Clause 9.2

At the end of the Lease the Tenant must vacate the Premises and:

(1)

 

remove all Tenant’s chattels and repair any damage caused by such removal

(2)

 

remove all Tenant’s fittings and fixtures as directed or required by the Landlord.

(3)

 

repair any damage caused by the removal of chattels, fixtures and fittings as provided for in Clauses 9.2 (1) and 9.2 (2).

(4)

 

leave the Premises including fixtures and fittings in a clean and  reasonable state of repair

(5)

 

return all keys and other devices and codes for access to the Landlord or the Landlord’s Agent.

 

Clause 11.1(2)

maintain its services for the Premises including amenities and other facilities or services used in common with the Landlord and other Tenants

 

Clause 12.1

Where the Premises becomes wholly or partially unfit for the Tenant to occupy due to damage or destruction, not caused by the Tenant or the Tenant’s employees, the Landlord will adjust the Rent and other amounts payable by the Tenant in accordance with the degree of damage or destruction until the Premises are restored and made fit for the Tenant to occupy.

 

Clause 12.4

Should the damage or destruction have been caused or contributed to by the Tenant or its employees or should the Tenant or Tenants employee’s actions result in the Landlord’s insurer refusing to indemnify, Clause 12.1 and 12.2 will not apply, in so far as they relate to the Tenant.

 

Clause 13.1

The Tenant will not assign or sublet without the Landlord’s consent. The Tenant may assign the whole or a part of the Tenant’s interest under this Agreement, or sublet the Premises, only if agreed to in writing by the Landlord.

 

Clause 13.2

The Landlord will not, in the case of suitable assigns, unreasonably refuse to grant the Tenant’s requests where the Tenant is not in default. and the proposed tenant prospective Tenant produces satisfactory commercial and general references.

 

Clause 14.1

The Tenant indemnifies the Landlord from and against all claims, demands, losses, damages and expenses including legal actions the Landlord may sustain or become liable for during or after this Agreement arising from;

(a)

 

neglect or default by the Tenant or Tenant’s employees or any person of whom the Tenant is legally responsible; or

(b)

 

Tenant’s failure to give notice of service defects; or

(c)

 

damage to person or property caused or contributed to by the Tenant or Tenant’s employees; or

(d)

 

any liability the Landlord incurs resulting from anything the Lessor is permitted or required to do under this Agreement unless the claim resulting from the negligence of the Landlord or its employees or contractors.

 

Clause 14.2

By signing this Agreement the Tenant for itself and its employees agrees that use and occupancy of the Premises will be at the Tenant’s own risk.

 

Clause 15.1

The following events are considered an act of default by the Tenant:

(a)

 

the Tenant’s failure to pay the Rent Amount within 7 days of the due date or any other monies payable under this Agreement when due; or

(b)

 

repairs required by any notice under Clause 9.1 (5) are not carried out by the Tenant within the time specified in the notice; or

(c)

 

the Tenant fails to remedy any breach perform or observe any of its covenants or obligations under this Agreement within a reasonable time, 7 days, after receiving written notice from the Landlord specifying the particular breach and requiring the Tenant to remedy the breach; or

(d)

 

the Tenant becomes bankrupt or assigns its property for the benefit of creditors; or

(e)

 

the Tenant becomes an externally-administered body corporate within the meaning of the Corporations Law.

 

Clause 15.2

If the Tenant defaults under this Agreement, subject to giving any prior demand or notice required by any law, any of the acts of default by the Tenant in Clause 15.1 are not resolved by the Tenant within a reasonable time after receiving notice from the Landlord the Landlord may, without limiting other remedies, including action for damages and/or specific performance:

(a)

 

re-enter and take possession of the Premises (by force if necessary) and eject the Lessee and all other persons and this Agreement will terminate; or

(b)

 

by notice to the Tenant, terminate this Agreement from the date of giving the notice; and/or

(c)

 

claim the loss, if any, incurred by the Landlord.

 

Clause 16

If an amount a requirement for a Security Bond is provided for listed in Item (8) of the Item Schedule the Tenant must lodge with the Landlord a cash Bond Deposit in the amount provided for in Item (8) of the Item Schedule or arrange for the issue of an unconditional bank guarantee, in favour of the Landlord, for the purpose of securing the performance by the Tenant of its obligations under this Agreement.

 

Clause 24

This Agreement forms the entire Agreement between the parties and each party has entered into this Agreement without relying on representations not contained herein. Each party has entered into this Agreement without relying on representations not contained in this Agreement which forms the entire Agreement between the parties.

 

Clause 26.2

A notice served by post shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the notice would be delivered.

 

03 Jan 2006 v1.2

Additions:

Clause 30

By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).